Newark Mayor Ras Baraka has taken legal action against New Jersey’s top federal prosecutor, claiming his recent arrest at a federal immigration detention facility was politically motivated and orchestrated to damage his campaign for governor.
Filed on Tuesday, the lawsuit targets interim U.S. Attorney Alina Habba, a Trump appointee, accusing her of “false arrest and malicious prosecution” and seeking damages. Baraka, who is among six candidates competing in next Tuesday’s Democratic gubernatorial primary, announced the lawsuit on the same day early in-person voting began across the state.
The legal complaint also includes claims of defamation, pointing to Habba’s statement on X (formerly Twitter), in which she said Baraka “committed trespass.” According to the suit, this remark constituted a “defamatory statement” and was made despite “clear evidence that Mayor Baraka had not committed the petty offense of ‘defiant trespass.’” Ricky Patel, the Homeland Security Investigations agent in charge in Newark, is also named in the lawsuit.
“This is not about revenge,” Baraka said during a news conference. “Ultimately, it’s about them taking accountability for what they did.”
Requests for comment were sent to both Habba’s office and the Department of Homeland Security, where Patel is employed, but had not been returned as of Tuesday.
The events in question stem from a May 9 visit to the Delaney Hall federal immigration detention center, where Baraka attempted to accompany three Democratic members of Congress—Rob Menendez, LaMonica McIver, and Bonnie Watson Coleman—on an oversight tour authorized under federal law. Baraka, a vocal critic of Trump-era immigration policies and the facility itself, was denied entry.
Video footage from the incident shows Baraka walking from inside the facility’s perimeter fence toward the public side of the street, where a protest was underway. Uniformed officers then approached and arrested him as onlookers shouted for his protection. The video captures a tense scene as a crowd gathered around the handcuffed mayor.
Baraka was initially charged with trespassing, but the charge was dropped less than two weeks later. However, Habba’s office proceeded to file two counts of assault on officers against Congresswoman McIver, linked to her involvement in the confrontation at the facility gate.
U.S. Magistrate Judge Andre Espinosa criticized Habba’s handling of the case in a written order dismissing the charges: “The hasty arrest of Newark Mayor Ras Baraka, followed swiftly by the dismissal of these trespassing charges a mere 13 days later, suggests a worrisome misstep by your Office,” he wrote.
McIver has denounced the charges and signaled her intention to contest them. A preliminary hearing is scheduled for later this month.
Delaney Hall, a 1,000-bed facility in Newark, began operating as a federal immigration detention center earlier this year. The Florida-based Geo Group Inc., which owns and manages the facility, was awarded a 15-year contract worth $1 billion in February as part of the Trump administration’s initiative to expand detention capacity nationwide. Baraka previously filed a lawsuit against Geo shortly after the contract was announced.
Tensions further escalated when the Trump Justice Department filed suit on May 23 against Newark and three other New Jersey cities over their sanctuary policies, which limit cooperation between local law enforcement and federal immigration authorities. While there is no formal legal definition of a “sanctuary city,” such policies generally restrict collaboration on civil—not criminal—immigration enforcement unless a judicial criminal warrant is provided.
New Jersey’s attorney general has issued a directive prohibiting local police from engaging in federal civil immigration enforcement, in line with these sanctuary practices. The Justice Department’s complaint alleges, however, that affected cities have failed to notify U.S. Immigration and Customs Enforcement (ICE) of criminal arrests.
As the June 10 gubernatorial primary nears, it remains uncertain how these high-profile clashes with the Trump administration are impacting Baraka’s campaign. In a recent video advertisement, Baraka—like many of his rivals—emphasized affordability, promising tax cuts. While the ad includes images of him in front of Delaney Hall, immigration issues and his arrest are not mentioned directly. Instead, he declares: “I’ll keep Trump out of your homes and out of your lives.”
Former President Trump has endorsed Republican candidate Jack Ciattarelli, who has pledged to repeal sanctuary policies via executive order if elected.
